Do Nation States Share a Responsibility to Secure the Necessary Conditions for a Dignified Existence?

Forthcoming, Logi Gunnarsson, Ulrike Mürbe & Norman Weiß (eds.) The Human Right to a Dignified Existence. Baden-Baden: Nomos, pp. 71-94, 2019.

Amsterdam Law School Research Paper No. 2019-25

General Subserie Research Paper No. 2019-03

24 Pages Posted: 12 Jul 2019

Date Written: July 12, 2019

Abstract

This chapter analyses whether nation states have a shared responsibility in international law to secure the necessary conditions for a dignified existence of all human beings. Even though the concept of responsibility is well established in international law, it is primarily discussed in the context of independent state responsibility. Can international law also make sense of the concept of shared responsibility of multiple states for their contribution to a single harmful outcome? This idea of shared responsibility has become increasingly important in our era of globalisation and increased collaboration between states.

The first part analyses the concept of shared responsibility in international law, employing deontological arguments on the relation between agency and responsibility. The second part investigates whether multiple states can have a shared responsibility in international law for securing the necessary conditions for people to have their human right to live a dignified life ensured. Can we hold affluent societies responsible when they have set up a global structure of interstate cooperation that violates human rights of the global poor? The ultimate aim of the chapter is to investigate whether the relevant philosophical arguments as developed in this book can be translated into the international-legal realm.

Keywords: shared responsibility, international law, globalization, human rights, dignified life

JEL Classification: K33

Suggested Citation

Pierik, Roland, Do Nation States Share a Responsibility to Secure the Necessary Conditions for a Dignified Existence? (July 12, 2019). Forthcoming, Logi Gunnarsson, Ulrike Mürbe & Norman Weiß (eds.) The Human Right to a Dignified Existence. Baden-Baden: Nomos, pp. 71-94, 2019.; Amsterdam Law School Research Paper No. 2019-25; General Subserie Research Paper No. 2019-03. Available at SSRN: https://ssrn.com/abstract=3418864

Roland Pierik (Contact Author)

University of Amsterdam ( email )

Oudemanhuispoort 4-6
Amsterdam, 1012 CN
Netherlands

HOME PAGE: http://www.rolandpierik.nl/theory

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